Section 376 IPC (Now BNS 64): Punishment for Rape and Bail Explained (2026)

Legal Explainer · Criminal Law

Updated for 2026 · Claw Editorial

Section 376 of the Indian Penal Code is one of the most searched criminal provisions in India, and it is also one of the most misunderstood. People want to know the punishment, whether bail is possible, which court hears the case, and what the section is called now that the new criminal codes have come into force. This page answers those four questions in plain language. It is a legal and informational guide only. It is not legal advice, and no two cases are alike.

01The short answer

Section 376 IPC prescribes punishment for rape. The basic punishment is rigorous imprisonment for a term of not less than 10 years, which may extend to imprisonment for life, and fine. Aggravated cases carry higher minimums. The offence is cognizable, non-bailable and triable by a Court of Session. Under the Bharatiya Nyaya Sanhita (BNS), 2023, the basic provision is Section 64.

02How the punishment is structured

The law does not use one single punishment for every case. It sets a basic punishment and then raises the minimum where the circumstances are more serious, or where the victim is a child.

Section 376(1): the basic offence

Rigorous imprisonment of not less than 10 years, which may extend to imprisonment for life, and fine. The court has no power to go below the 10 year minimum, except as the statute itself allows.

Section 376(2): aggravated cases

Section 376(2) lists situations the law treats as more serious. Examples include an offence by a police officer, a public servant, a person in a position of authority or trust, or an offence against a woman who is pregnant or who cannot give consent. In these cases the punishment is rigorous imprisonment of not less than 10 years, extending to imprisonment for life, which means the remainder of the person’s natural life, and fine.

Sections 376AB and 376DB: offences against minors

Parliament added stricter provisions for child victims through the Criminal Law (Amendment) Act, 2018. Section 376AB applies where the victim is under 12 years of age. The minimum is 20 years, extending to imprisonment for life (the remainder of natural life), or death, and fine. Section 376DB applies to gang offences against a victim under 12 years. The punishment is imprisonment for life (the remainder of natural life), or death, and fine.

Other related sections

Other provisions sit nearby in the same chapter. Section 376A deals with cases where the victim dies or is left in a persistent vegetative state. Section 376D deals with gang offences. Section 376E deals with repeat offenders. Cases involving a child will often also involve the POCSO Act, 2012, which has its own procedure and special courts.

• 376(1): 10 years minimum, up to life, and fine.
• 376(2): 10 years minimum, up to life (natural life), and fine.
• 376AB: 20 years minimum, up to life (natural life) or death, and fine.
• 376DB: life (natural life) or death, and fine.

03Cognizable, non-bailable and triable by Court of Session

Three procedural labels matter in every case under this section.

• Cognizable: the police can register an FIR and investigate without waiting for a court order. They can also arrest without a warrant.
• Non-bailable: bail is not a matter of right. The accused must apply to a court, and the court decides after looking at the facts.
• Triable by a Court of Session: the trial is held before a Sessions Judge, not a Magistrate. A Magistrate only handles early steps such as remand and committal. In many cases the law directs that the trial be held by a woman judge or in a special court.

The Criminal Procedure Code lays down timelines for investigation and trial in these cases. Under the new procedural code, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the same framework continues in a restated form.

04Bail considerations

Because the offence is non-bailable, a bail application is decided on merits. There is no fixed formula. Courts look at the same broad questions in most cases.

• The nature and gravity of the allegation and the punishment it carries.
• Prima facie material in the FIR, the statements recorded and the medical and forensic evidence.
• Risk to the trial: whether the accused may influence witnesses, tamper with evidence or flee.
• Time in custody and the stage of the trial.
• The victim’s safety and any conditions that can protect her.

The usual first forum for regular bail is the Court of Session. The High Court can then be approached, and later the Supreme Court. Some cases also involve an application for anticipatory bail before arrest. Where the law bars or restricts anticipatory bail for a particular category, the court will apply that restriction.

The victim also has rights in the process. In many cases the law requires that the victim or her representative be informed of the bail hearing and heard.

Non-bailable does not mean bail is never granted. It means bail is not a right, and the court decides on the facts of each case.

05IPC 376 to BNS mapping

The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code and came into force on 1 July 2024. The rape provisions were regrouped under a new chapter on offences against women and children. The basic punishment moved to Section 64.

Please treat the sub-section numbers in this table as a quick guide. Always read the official text before citing a section in a pleading.

The substance of the basic offence did not change. Section 64 keeps the 10 year minimum and the life maximum. One small drafting change is that the word “military” in the old text now reads “army”.

06Which law applies to which case

Many courts will see both codes for years. The rule that decides which code applies comes from Article 20(1) of the Constitution: a person cannot be punished more heavily than the law in force when the offence was committed.

• Offence committed before 1 July 2024: the IPC applies, even if the FIR is registered later.
• Offence committed on or after 1 July 2024: the BNS applies.

This is why lawyers still need the IPC numbering. A bail order written today may cite Section 376 IPC, while a fresh FIR will cite Section 64 BNS. Searching for both numbers helps you find every relevant judgment.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For criminal practitioners, the practical gain is in the transition years. Judgments on bail and sentencing are still indexed under IPC numbers, while new matters carry BNS numbers. Claw’s AI-based case search is built to understand the legal question, so you can search by the issue and not only by one section number. Claw covers the Supreme Court and 25 High Courts for case search, and its case management tracks hearings and cause lists across courts. Claw also has a free plan for individual advocates. If you are comparing tools for your practice, see our guide to PracticeLeague alternatives.

08Sources and further reading

Read the primary text before relying on any summary, including this one.

• India Code (official statute text): indiacode.nic.in
• Supreme Court of India (judgments): sci.gov.in
• Claw: clawlaw.in

Last verified October 2026. Laws and numbering can be amended, so confirm against the official source. This page is general information and not legal advice.

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